Senate Bill S7771

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7771
 
                             I N  S E N A T E
 
                             February 18, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation to an emergency insulin program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  article
 28-CC to read as follows:
                               ARTICLE 28-CC
                         EMERGENCY INSULIN PROGRAM
 SECTION 2894. EMERGENCY INSULIN PROGRAM.
   §  2894.  EMERGENCY INSULIN PROGRAM. 1. THE COMMISSIONER IS AUTHORIZED
 AND DIRECTED TO ESTABLISH AN EMERGENCY INSULIN PROGRAM  TO  ENSURE  THAT
 RECIPIENTS  OF THE PROGRAM CAN ACCESS EMERGENCY SUPPLIES OF ANALOG INSU-
 LINS AND RELATED SUPPLIES.   THE COMMISSIONER SHALL  IMMEDIATELY  ENGAGE
 ANALOG INSULIN MANUFACTURERS TO SUPPORT THE STATE PROGRAM AND FACILITATE
 QUICK  ACCESS TO AFFORDABLE ANALOG INSULINS IN EMERGENCY SITUATIONS. THE
 COMMISSIONER SHALL ESTABLISH STANDARDS FOR  APPROVAL  OF  ANY  EMERGENCY
 INSULIN  PROGRAM,  AND  ANALOG INSULIN PRESCRIBING, DISPENSING, DISTRIB-
 UTION, AND POSSESSION PURSUANT TO THIS SECTION WHICH  MAY  INCLUDE,  BUT
 NOT BE LIMITED TO, STANDARDS FOR PROGRAM DIRECTORS, APPROPRIATE CLINICAL
 OVERSIGHT, TRAINING, RECORD KEEPING AND REPORTING. THE EMERGENCY INSULIN
 PROGRAM  SHALL,  PURSUANT TO AN APPROPRIATION OR SUFFICIENT FUNDS IN THE
 EMERGENCY INSULIN PROGRAM TRUST FUND,  BE  AVAILABLE  TO  RECIPIENTS  NO
 LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-ONE.
   2. (A) AS USED IN THIS SECTION:
   (I)  "ANALOG  INSULINS" MEANS AT A MINIMUM SHORT-ACTING, RAPID-ACTING,
 INTERMEDIATE AND LONG ACTING INSULIN DRUGS APPROVED BY THE FOOD AND DRUG
 ADMINISTRATION THAT, WHEN ADMINISTERED, TO CERTAIN RECIPIENTS ARE  LIFE-
 SAVING,  AND HELP AVOID SERIOUS ADVERSE EFFECTS ASSOCIATED WITH TYPE ONE
 DIABETES AND IN SOME LIMITED CASES TYPE TWO DIABETES, AND OTHER  MEDICA-
 TIONS AND SUPPLIES APPROVED BY THE DEPARTMENT FOR SUCH PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14952-02-0
              

 S. 7771                             2
 
   (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
 AUTHORIZED  PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW TO PRESCRIBE
 PRESCRIPTION DRUGS.
   (III)  "PHARMACIST"  MEANS A PERSON LICENSED OR AUTHORIZED TO PRACTICE
 PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF  THE  EDUCATION
 LAW.
   (IV) "RECIPIENT" MEANS A PERSON: (1) DIAGNOSED WITH TYPE ONE DIABETES,
 OR  TYPE TWO INSULIN DEPENDENT DIABETES; AND (2) WHO IS AT RISK OF EXPE-
 RIENCING SERIOUS ADVERSE HEALTH EFFECTS DUE TO A LACK  OF  ANALOG  INSU-
 LINS;  AND  (3) WHO IS UNINSURED OR UNDERINSURED; OR (4) AN ORGANIZATION
 REGISTERED AS AN EMERGENCY INSULIN PROGRAM PURSUANT TO THIS SECTION.
   (B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A  PATIENT-SPECIFIC
 OR  NON-PATIENT-SPECIFIC  PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
 OR INDIRECTLY, ANALOG INSULINS TO A RECIPIENT.
   (II) A PHARMACIST MAY DISPENSE ANALOG INSULINS, THROUGH A PATIENT-SPE-
 CIFIC OR NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO  THIS  PARAGRAPH,
 TO A RECIPIENT.
   (III)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE
 A PRESCRIPTION FOR ANY ANALOG INSULINS THAT DO NOT OTHERWISE  REQUIRE  A
 PRESCRIPTION;  NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
 CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A  PHARMA-
 CIST TO DISPENSE, ANALOG INSULINS UNDER ANY OTHER PROVISION OF LAW.
   (IV)  ANY PHARMACY WITH TWENTY OR MORE LOCATIONS IN THE STATE, AND ANY
 FACILITY ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT  OF  THIS  CHAPTER
 WHICH  HAS  A  DRUG  DISCOUNT  PROGRAM AUTHORIZED BY SECTION 340B OF THE
 FEDERAL PUBLIC HEALTH SERVICE ACT 42 U.S.C § 256B SHALL PURSUE OR  MAIN-
 TAIN  A NON-PATIENT-SPECIFIC PRESCRIPTION WITH AN AUTHORIZED HEALTH CARE
 PROFESSIONAL TO DISPENSE ANALOG INSULINS TO A RECIPIENT UPON REQUEST, AS
 AUTHORIZED BY THIS SECTION; AND REGISTER WITH THE DEPARTMENT AS AN EMER-
 GENCY INSULIN PROGRAM NO LATER THAN JANUARY FIRST, TWO THOUSAND  TWENTY-
 ONE.
   3. USE OR DISPENSING OF ANALOG INSULINS PURSUANT TO THIS SECTION SHALL
 BE  CONSIDERED  FIRST  AID OR EMERGENCY TREATMENT FOR THE PURPOSE OF ANY
 STATUTE RELATING TO LIABILITY.
   4. THE COMMISSIONER SHALL IMMEDIATELY BEGIN TO WORK WITH ANALOG  INSU-
 LIN  MANUFACTURERS  IN  CREATING SUCH PROGRAM TO ENSURE THEY ARE WORKING
 WITH THE STATE IN A PUBLIC-PRIVATE PARTNERSHIP TO  SUPPORT  THE  STATE'S
 STREAMLINED EMERGENCY INSULIN PROGRAM THAT MAY REPLICATE PATIENT SUPPORT
 PROGRAMS  SUCH MANUFACTURERS HAVE.  A MANUFACTURER MAY CONTRIBUTE TO THE
 PROGRAM THROUGH THE EMERGENCY INSULIN  PROGRAM  TRUST  FUND  ESTABLISHED
 PURSUANT TO SECTION NINETY-SEVEN-TTTT OF THE STATE FINANCE LAW.
   5. THE COMMISSIONER MAY ESTABLISH A SLIDING SCALE FOR COST SHARING FOR
 CERTAIN  RECIPIENTS  WHICH  SHALL  NOT  EXCEED ONE HUNDRED DOLLARS FOR A
 THIRTY-DAY SUPPLY OF ANALOG INSULINS AND RELATED SUPPLIES.
   6. THE COMMISSIONER SHALL PUBLISH FINDINGS ON  THE  EMERGENCY  INSULIN
 PROGRAM INCLUDING BUT NOT LIMITED TO THE NUMBER OF PROGRAMS ESTABLISHED,
 THE  NUMBER  OF RECIPIENTS SERVED, THE TYPES AND AMOUNTS OF ANALOG INSU-
 LINS PROVIDED, THE COSTS AND SAVINGS ASSOCIATED WITH  THE  PROGRAM,  AND
 WHAT  PUBLIC-PRIVATE  PARTNERSHIPS  THE STATE HAS FACILITATED TO SUPPORT
 THIS PROGRAM TO THE GOVERNOR AND THE CHAIRS OF THE SENATE  AND  ASSEMBLY
 HEALTH  COMMITTEES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE
 AND EVERY TWO YEARS THEREAFTER.
   § 2. The state finance law is amended by adding a new section  97-tttt
 to read as follows:
   §  97-TTTT.  EMERGENCY  INSULIN PROGRAM TRUST FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE

 S. 7771                             3
 
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "EMERGENCY INSULIN PROGRAM TRUST FUND".
   2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE
 AND ALL MONIES RECEIVED, OR TO BE PAID INTO OR CREDITED TO SUCH FUND  BY
 ANALOG  INSULIN  MANUFACTURERS  PURSUANT  TO SUBDIVISION FOUR OF SECTION
 TWENTY-EIGHT HUNDRED NINETY-FOUR OF THE  PUBLIC  HEALTH  LAW.    NOTHING
 CONTAINED  HEREIN  SHALL  PREVENT  THE STATE FROM RECEIVING ASSESSMENTS,
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO SUPPORT THE EMERGENCY
 INSULIN PROGRAM ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT-CC  OF  THE
 PUBLIC  HEALTH  LAW  ADMINISTERED  BY THE COMMISSIONER OF HEALTH AND FOR
 FUNDING EMERGENCY ACCESS TO ANALOG INSULINS.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   § 3. This act shall take effect immediately.